Woman sues government for child’s maintenance

A CHEGUTU rape victim has set a new precedent after she sued government for failing to prevent and terminate her pregnancy, leading to the birth of her “unwanted child”.

REPORT BY CHARLES LAITON

The woman (name withheld) recently took her case to the Supreme Court seeking an order compelling the government to pay maintenance for her seven-year-old child fathered by armed robbers who sexually abused her at her Chegutu home in 2006.

In her appeal, the woman cited Home Affairs, Health and Child Welfare and Justice and Legal Affairs ministers as respondents.

However, State lawyer Advocate Thabani Mpofu dismissed the claims arguing that the ministries cited as respondents in the matter had no obligation to withdraw her assailant’s sperms when the woman was raped.

“The police have no obligation to draw sperms or assist in the process of their withdrawal. Applicant purports to talk about negligence where she sets out no legal basis. For instance, police have no obligation to bandage a victim of assault, but their constitutional obligation is to bring perpetrators to book,” Mpofu said.

In her submission through Harare lawyer Isaiah Mureriwa, the woman said the cited ministries contributed to the negligence that led to the birth of the child after failing to take measures to prevent the pregnancy.

The rape victim said the police, the doctor and the magistrate who handled her matter when she fell victim to the sexual attack, all acted negligently resulting in the birth of her child.

After being raped, the woman reported the matter to police and expected the officers to provide her with necessary documentation to take to hospital for termination of the pregnancy, but that was not done. She later gave birth in December 2006.

“The financial consequences are what the applicant is seeking in this court as the only remedy to the situation,” Mureriwa said.

The lawyer further challenged the use of the term “terminate” arguing his client sought the “prevention” of pregnancy soon after the offence was committed as opposed to seeking termination.

Justices Paddington Garwe, Anne-Mary Gowora and Barat Patel reserved judgment in the matter.

20 Comments

  1. Don’t waste your time talking politics when others are enjoying life with money without politics. See how a Zimbabwean poor woman became a millionaire just by buying and selling accidented cars, Very interesting idea. Go to (ACCIDENTEDCARS.COM) to see the various methods and companies she was using (ACCIDENTEDCARS.COM). A very simple idea but very realistic. WAKE UP AFRICANS.

  2. Zihlobo zami . Its unfortunate things went this way . If you are a victim of rape try to get a “morning after pill” within 72 hours whilst you report to zrp . If in da rural areas uyahamba ekiliniki eseduzane amanesi azakunika the normal oral contraceptive pills which can be substituted in higher doses for the morning after pills .

    1. THIS IS NOT A REPLY BUT JUST AN A WAY OF FINDING SPACE ABOVE PHUNYUKABEMPHETE’S TRASH

      It is surely hurting to look into the son of your rapist. Now that the boy calls you mother and you call him son, after breastfeeding him, I suppose. There is something that kept you from dumping the child, killing him, or surrendering him for adoption. This wasn’t God’s plan but God’s providence can work wonders in your painful experience so that the boy who is part of your pain will become the son of consolation. This will turn into a blessing. God will not leave you, keep close to Him. What you can do is try and protect the child’s ego by not permitting him to know that he is the son of your rapist. He will be a blessing. Knowing that he is part of your problems even when he is grown up, will affect him mentally that he will probably not do much in life, worsening you problems. May our good LORD be with you woman.

  3. “The police have no obligation to draw sperms or assist in the process of their withdrawal.” Is this guy serious? Hope his wife gets raped then he will know this is no laughing matter

    1. Lawyer iri rakatrainer kupi chaizvo, this woman lacks proper advice. Her efforts are misdirected. Actually its her obligation to accept or reject what she should carry. Its a pity however, kutomuchengeta mwana iyeyu on her own is the best hanti atochovha 7 years so far so whats the problem. Maybe social welfare will be a second option

  4. The woman could have easily avoided the pregnancy provided she had put maximum effort. Suing the Police & it’s ministry is ill advised.

  5. Young lady stop talking about termination of the pregnancy. It is a SIN – ABORTION. THOU SHALL NOT KILL. Especially now that your boy is 7 years old. If he hears that mama vaida kundiuraya anozokutora sei? Temnda chipo chaMwari. Namata Mwari, shanda nemavoko ako unoropafadzwa ukachengeta mwana uyu.

  6. This woman’s rape case seems 2 have been at the courts of law meaning that the suspects/ accused persons were arrested & charged. What was the results. If they were charged, the Police & the magistrates did their job. She must sue the ‘robbers’ not the min of home affairs.

  7. Chipopopo chebhoro redhongi

    Why terminating the pregnancy chengeta mwana pamwe ndiye achazokuchengeta

  8. What do you want the court to do for you,is it to kill the 7 year old? you must be very mad. Why not ask for social welfare assistance, take the child there if you don’t want it. Wasting time and money. Your lawyers need legal advise, there is no land mark case here.

  9. Guys this woman just needs help, you do not insult a victim of rape you help her if you can. if you cant just shut up!!! THABANI MPOFU YOUR WIFE SIZWAKELE MUST GET RAPED!!!! WE SHALL SEE IF YOU WILL SAY THAT SICK STUFF TO HER!!!!!!!!

    COUNSEL HER THIS WOMAN IS JUST IN NEED OF HELP NOT INSULTS

  10. taura hako akubhowa

  11. zviro zviedzwa chembere yekwaChivi yakabika mabwe ikanwa muto. Pamwe our broke gvt ingangodonhawo munhenga otherwise, hauna hako dhiri rakanyanya. I feel sad for the child achinzwa nyaya dzakadei.

  12. the sad fact is the woman was raped by a gang of robbers, we can’t reverse that event and now its result is 7 years old.. Wat this case shows is probably the woman is reminded of the rape everytime she sees her child.. Maybe one of u well meanin people tellin her that she is sick, a sinner etc shud offer to take the child up for adoption. As much as i don’t advocate free willy abortions like in the west i wud luv to see how sum of u wud react if yu (women), or yr sister or daughter was raped by sum gang of misfits and was now pregnant. The police/min of health had a responsibility to offer her contraception in the form of high dose oral pills or a state sanctioned termination in early pregnancy. The problem is sum people here want to appear so religious and so want to do the whole “no abortion” mantra… Let the courts decide,

  13. ko wats wit newsday’s I.T dept or whoever administers the online version.. Its so obvious that the person called Kedo is a spammer and even this other phume… character, i mean wats with postin a whole essay, which was totally off topic anyway and blatantly tribalistic.. Newsday, pliz be more vigilant and monitor the comments

  14. give the lady a break. The law failed to protect her and the result is there. So many women are raising such children and so the court wil not grant her application to avoid a floodgate of such cases against the state

  15. Pamhata pemunhu anyora zi book pamusoro apo…… Mbudzi yemunhu

  16. Gidza wezvokwadi

    it’s a pity we too educated to see when we’re getting hurt. min of home affairs, justice, police were supposed to also look at the issue from this woman’s perspective. not all of us are supportive when someone gets into such a situation. she offer help ie financial and moral. taking advantage of the situation is wrong. govt cannot give her money otherwise wese who’s been through the same plight angatopinde mumachena. Should the govt consider, the child will be taken into some institute and taken care of from there handiti mai vacho vatadza

  17. i used to respect phunyu bt u act lyk zpf yacho nekungoda kuisa maoko pose pose u are nt what u are bt obsesed

  18. @ such times pple dont think b4 dey talk.Khallis hw can u dump or killing a baby u gave birth to sayin its robber’s ,dnt u know its a crime.this lady really need assistance bcz it seems chikoro chishoma, nt knowing mrng after pills

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